Proposed Pitch roof over first floor bay – retrospective
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Residential Amenity
Sustainability
Policy Weight
Inspector’s Reasoning
Appeal Decision
Site visit made on 9 May 2019
by Mark Caine BSc (Hons) MTPL MRTPI
an Inspector appointed by the Secretary of State
Decision date:31st May 2019
Appeal Ref: APP/N5090/D/19/3224071
7 Millway, Mill Hill, London, NW7 3QR
• The appeal is made under section 78 of the Town and Country Planning Act 1990
against a refusal to grant planning permission.
• The appeal is made by Mr Harpreet Gill against the decision of the Council of the London
Borough of Barnet.
• The application Ref 18/6370/RCU, dated 23 October 2018, was refused by notice dated
20 December 2018.
• The development proposed is described as ‘Proposed Pitch roof over first floor bay –
retrospective’.
Decision
1. The appeal is dismissed.
Procedural Matters
2. The development applied for has already been carried out.
3. Subsequent to the date of the Council’s decision, the Government published its
revised National Planning Policy Framework (the Framework). Having
considered the role and content of revisions, I do not consider it necessary to
re-consult the main parties about this change in national policy in relation to
this case.
Main Issue
4. The main issue is the effect of the development on the street scene.
Reasons
5. The appeal building is one of a pair of semi-detached dwellings that is situated
in a predominantly residential area that comprises houses of various sizes and
styles. Despite this variety, the appeal building sits within a small continuous
group of houses along Millway that share a number of distinctive features.
These include steep untouched hipped roof planes, central chimney stacks and
vertically aligning ground and first floor bay windows with flat roofs. All of
these combine to provide simple and uniformed frontages.
6. On my site visit I noted that the character of this group of houses has been
slightly diluted by the construction works that are taking place on the appeal
building’s roof under planning permission Ref: 16/2874/192. These roof
alterations have also resulted in an unbalanced relationship between No 7 and
the adjoining property.
7. However, the introduction of the pitched roof above the first floor bay window
and the eaves line of No 7 adds visual bulk to the façade and the front roof
Appeal Decision APP/N5090/D/19/3224071
2
plane. Although it is of modest size and scale it appears as a prominent, raised,
conspicuous feature that detracts from the simple composition of the appeal
dwelling and disrupts the uniformity of the neighbouring group of houses that it
sits within. The incompatibility of the development is clearly apparent along
Millway.
8. The appellant has referred me to examples of other dwellings in the area that
have varying roof forms, and pitched roofs above front bay windows. However,
the majority of these dwellings are different house types to the appeal building
and are not located within a group of similar houses. Accordingly, their
circumstances are not directly comparable with those which apply in this
appeal. In any case, I have determined the appeal on its own planning merits.
9. I therefore find that that development has a materially harmful effect on the
street scene. It therefore conflicts with London Plan Policies 3.5, 7.4 and 7.6;
Policy CS5 of Barnet’s Local Plan (Core Strategy) 2012; and Policy DM01 of
Barnet’s Local Plan (Development Management Policies) 2012. Amongst other
things, these require that all development should respect local context and
distinctive local character in creating places and buildings of high quality
design.
Other matters
10. In reaching my findings I recognise that the Council does not consider the
development to cause any harm to the living conditions of the occupiers of
neighbouring properties through loss of light, outlook or privacy. I am also
aware that No 7 is not listed or located in a conservation area and that no
letters of objection from local residents have been received. It has also been
put to me that the flat roof above the first floor bay window collected rainwater
runoff which would have led to internal damp and structural problems to the
detriment of the wellbeing of existing and future occupants of the appeal
property. The appellant contends that the development thereby maintains and
improves the quality and condition of London’s housing stock. However, there
are other less obtrusive means available to the appellant to avoid damp.
I therefore do not consider these factors to overcome or outweigh the harm
that I have identified above.
11. I have also attached substantial weight to the presumption in favour of
sustainable development and have taken into account the appellant’s reference
to other sections of the National Planning Policy Framework (the Framework).
However, there is nothing substantive before me to suggest that the Council
does not have an up-to-date development plan or that its policies are not
consistent with the objectives of the Framework. In any case, the Framework
advises that good design is a key aspect of sustainable development and places
an emphasis on ensuring that developments are sympathetic to local character
and history, including the surrounding built environment. For the reasons
provided above I do not consider that the development satisfactorily addresses
these requirements. As a result, it therefore does not achieve sustainable
development.
12. For the reasons given above, the appeal should therefore be dismissed.
Mark Caine INSPECTOR
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